Syracuse, NY - The prosecution and defense lawyers offered sharply conflicting views in their opening statements to the jury in the Jeffrey Peterson murder trial this afternoon.

Chief Assistant District Attorney Christine Garvey said the evidence would show Peterson committed “an execution-style murder” by firing a gunshot into the back of the head of Shaheen Bean as Bean lay on the ground outside Peterson’s home.

Defense lawyer Edward Menkin said the evidence would show Peterson was living out a “Walter Mitty fantasy of heroism” by defending himself, his wife and his home against Bean, a man the defense said was “a thug with a gun.”

A County Court jury of nine men and three women will have to decide which version to accept after listening to several days of testimony from about two dozen witnesses.

Peterson, 40, of 2501 E. Genesee St., is charged with second-degree murder and second-degree criminal possession of a weapon in Bean’s death.

Both sides agree the shooting occurred as Peterson and his wife were returning home from a late birthday party about 4:40 a.m. June 26. Both sides also have agreed Bean apparently rushed out of the bushes with a loaded handgun as the Petersons were unlocking the door to their home.

Garvey told jurors today they may never know exactly what happened as the confrontation between the two men began. Bean and the Petersons all suffered cuts and bruises consistent with the struggle Peterson said took place as he tried to disarm the masked gunman, the prosecutor said.

But a neighbor witnessed Peterson walk over to where the victim was lying on the ground and fire a final shot into the back of the victim’s head, Garvey said. That fatal shot can be heard on the woman’s call to the 911 center to report what was happening, the prosecutor added.

Peterson may have initially been acting in self defense but his conduct in the final minute of the confrontation amounted to intentional murder, Garvey said.

Menkin called the prosecution’s decision to charge Peterson with murder “outrageous” as he told the jurors Garvey will not be able to prove an execution took place or disprove Peterson’s claims he acted in self defense.

The defense lawyer then provided the jurors a timeline for what took place.

Twenty seconds after Oasis Sykes-Peterson inserted the key to unlock the door to the house, the first call was received by the 911 center regarding shots fired and a woman screaming, Menkin said. Twelve seconds after that, the 911 center received a second call – this one from the eyewitness - about gunshots, a man down and a woman screaming, the lawyer said.

One second later, the 911 center received a third call reporting as many as seven or eight shots fired, he said. Thirty-four seconds after that, the 911 center received a fourth call about four or five shots fired, he said.

Twenty seconds after that call, the eyewitness was still on the phone with the 911 center when the final shot can actually be heard over the line, Menkin said.

That final shot was fired just 87 seconds after Peterson’s wife unlocked the door and the gunman rushed at them with a handgun loaded with hollow-point bullets, Menkin said.

With the masked gunman on the ground at one point yelling “Homey, homey,” Peterson believed Bean was not alone and that there was more than one attacker on the scene, Menkin said.

“What would you do?” the defense lawyer asked. Menkin said Peterson did exactly what the community would expect of him: He defended himself, his wife and his home.